McAvoy v. . City of New York
New York Court of Appeals
Appeal, by permission, from a judgment entered upon an order of the Appellate Division of the Supreme Court in the first judicial department, made June 8, 1900, which reversed an interlocutory judgment sustaining a demurrer to the amended complaint and directed judgment overruling said demurrer. The following question was certified: “ Does the amended complaint herein state facts sufficient to constitute a. cause of action ? ”
1Opinion of the Court
Judgment affirmed, with costs, and- the question certified answered in the affirmative.
The court does not consider the constitutional question, because it is not plainly presented in the complaint, and for the additional reason that counsel expressly waived its consideration on the argument; no opinion.
Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Martin, Vann and Landon, JJ.
2Cited by13 opinions
- Matter of Gaston v. TaylorNew York Court of Appeals · 1937
- Wood v. City of New YorkNew York Court of Appeals · 1937
- Yerry v. GoodsellAppellate Division of the Supreme Court of the State of New York · 1957
- Sciaballa v. Illinois Surety Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Agesen v. CatherwoodNew York Supreme Court · 1968
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